JAIPUR: Barely 48 hours after he was transferred to Kishangarh in Ajmer district for issuing an arrest warrant against Richard Gere and summons to Shilpa Shetty, additional chief judicial magistrate Dinesh Kumar Gupta remains unrepentant.

In a rare chat with a TOI reporter, Gupta, who travelled to Ajmer to take up his new assignment on Friday, said all he had done was go by the book and was convinced that the Gere-Shilpa kiss was an indecent act. He said the Indian Penal Code did not clearly define obscenity and when he heard about Geres dance-kiss-spoof case, he consulted various books that defined obscenity.

After doing an internet search on how various people define obscenity, I asked the complainant to show me the CD of the kissing episode. I found it obscene, said Gupta.

Despite the outrage caused by his order among legal circles, which led to the Rajasthan High Court ordering his transfer  a rare one-off order  Gupta remains unfazed.

I did not think much and took up my new assignment. I do not know how, through a single order, my transfer was effected. But like an honest and sincere employee I have joined my new job, he said in an interview.

I am not repenting. Leave aside Richard Geres order, all my directives in the capacity of a judge were delivered in pursuance of justice. God will help me, he said just before he drove off to Kishengarh to take up his new assignment.

Despite the national uproar about frivolous cases and the clogged justice pipeline, Gupta insists he doesnt believe in the category of frivolous cases filed by cheap publicity-hunters.

JAIPUR/NEW DELHI: A Jaipur additional chief judicial magistrate on Thursday ordered the arrest of Hollywood actor Richard Gere for landing a peck on the cheeks of Bollywood star Shilpa Shetty, triggering an outrage among the country’s top legal experts who called it a “cheap publicity stunt” that bordered on “judicial indecency”.

The magistrate, Dinesh Gupta, reacting to a private complaint filed by advocate Poonam Chand Bhandari, watched a CD of an AIDS awareness function in Delhi at which Gere hugged and gave Shilpa a peck, as shown by a TV channel, to pronounce that the act was “sexually erotic” and “indecent”.

Former attorney-general Soli Sorabjee, who is one of the most respected legal luminaries of the country, took little time to describe Gupta’s ruling as reminiscent of the “Taliban moral police”.

Finding flaws in Gupta’s ruling, other top legal experts too called it yet another instance of “hounding orders on frivolous complaints”. They said the Indian judiciary would become a laughing stock in the world and urged the high court to take suo motu notice of the order and quash it.

“Judicial magistrates should not behave like Taliban moral police,” said Sorabjee. He said the magistrate, acting on an attention-grabbing complaint, had completely overlooked the “clear distinction between obscenity and vulgarity.”

“The order is totally unsustainable and makes us look ridiculous,” he said. Senior advocates Mukul Rohtagi, K T S Tulsi and Dushyant Dave felt the public peck at the AIDS awareness programme was not an act to deprave the morality of the nation. While Rohtagi felt that the magistrate was “trigger-happy”, Dave termed the order as an act of “judicial indecency”. Tulsi said,”The issuance of arrest warrant is contrary to all judicial norms. A consensual kiss between two adults can never be said to be an offence.”

Magistrate Gupta found the episode objectionable and in violation of sections 294 and 34 of the Indian Penal Code(IPC). Section 294 says:

“Whoever to the annoyance of others does any obscene act in any public place shall be punished with imprisonment of three months or with a fine or both.”

I saw this clip; he kept trying to kiss her on the mouth, and she kept turning her head, trying to be polite about it. He had to dip her so he could slobber up and down her neck.
He came off looking like a dirty old man, IMO.

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